Armstrong 1: Appeals

COPY

CLERK’S OFFICE
COURT OF APPEAL-SECOND DIST

RECEIVED

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA iJGT 1 5 1991

SECOND APPELLATE DISTRICT R obert n. .wilson clerk

DIVISION THREE

CHURCH OF SCIENTOLOGY OF )

CALIFORNIA, )

)

Plaintiff-Appellant, )

)

and )

)

MARY SUE HUBBARD )

)

I ntervenor-Appellant )

)

v. 5

)

GERALD ARMSTRONG, )

)

Defendant-Respondent. )

_ )

Gerald Armstrong, defendant below, respectfully requests that
pursuant to Rule 45 (e) of the California Rules of Court he be relieved from a
default for failure to file his opposition to plaintiffs' motion to seal the record
on appeal by the date ordered by this Court.

This application is supported by the declaration of defendant attached
herewith.

Defendant's opposition was originally due September 23, 1991. He
requested and was given an extension by this Court to file his opposition by
October 3, 1991.

Case Nos. B025920 & B035975
L.A. Superior Ct. No. C420153

APPLICATION FOR RELIEF
FROM DEFAULT; DECLARATION
OF GERALD ARMSTRONG

v

a\

0

Defendant is proceeding pro so, is not an attorney, and has a full-time
job unrelated to this case. This work has been very difficult and defendant
is under a great deal of stress.

He has submitted his opposition herewith and asks that he be relieved
from default for late filing and that his'opposition be filed.

DATED: October 15 , 1991 Respectfully submitted,

Gerald Armstrong
PO Box 751

San Anselmo, CA 94960
(415)456-6450

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, state and declare:

1. I am tile defendant and respondent in the case of Church of
Scientology of California v. Gerald Armstrong. Los Angeles Superior Court No.
C420153, and California Court of Appeal Nos. B025920 and B0.3S975.

2 . I am acting in propria persona in this case.

3- Appellants Church of Scientology of California and Mary Sue
Hubbard have filed a motion in the Court of Appeal to seal the record on
appeal in this case. The opposition was originally due to be filed September
23 , 1991. I submitted an application for an extension to file the opposition
by October 3 , 1991, which this Court granted on September 27.

4. I have worked diligently to prepare the opposition and have on
this date submitted it for filing.

5 . I am not an attorney and cannot produce legal documents as
rapidly as a competent attorney.

6 . I have a full-time job and other vital activities in my life which
have prevented my spending much time daily on preparation of the
opposition.

7 . I have been under a great deal of stress in the past two months
relating to plaintiff organization's acts against me which has affected my
work and life.

I declare under penalty of perjury that the foregoing is true and
correct.

Executed at San Anselmo, Californi

Gerald Armstrong

PROOF OF SERVICE BY MAIL

I am a resident of the County of Marin, State of California. I am over
the age of eighteen (16) years and not a party to the within action. My
business address is 711 Sir Francis Drake Blvd, San Anselmo, California
94960.

On October 15, 1991 I caused to be served the within APPLICATION
FOR RELIEF FROM DEFAULT on interested parties in this action by placing a
true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid in the United States mail at San Anselmo, California, addressed to
the persons and addresses specified on the service list attached.

Executed on October 15, 1991 at San Anselmo, California.

I declare that the foregoing is true and correct.

xrrrsietffir**-

SERVICE LIST

(Application for Relief from Default)

ERIC M. LIEBERMAN, ESQ.

RABINOWITZ, BOUDIN, STANDARD,

KRINSKY & LIEBERMAN, P.C.

740 Broadway - Fifth Floor
New York, New York 10003-9516

MICHAEL LEE HERTZBERG, ESQ.
740 Broadway - Fifth Floor
New York, New York 10003-9516

BOWLES & MOXON

6255 Sunset Boulevard, Suite 2000

Hollywood, California 90029

TOBY L. PLEVIN, ESQ.
10700 Santa Monica Blvd.
Suite 4-300
Westwood, CA 90025

CLERK OF THE SUPERIOR COURT
County of Los Angeles
111 North Hill Street
Room 204

Los Angeles, CA 00012